ue wep i nce with the schedu ~Healtigy payments in accordal le Proposed j, " bid and incorporated in the contract. the In case of land reclamation or constructig industrial estates, the repayment plan may consist fe grant of a portion or percentage of the reclaimed rn e the industrial estate constructed. or (5) Every infrastructure project undertaken under this Section shall be constructed, operated and maintaineg by the contractor under the technical supervision of the local govern ment unit and in accordance with the plans, specifications, standards and costs approved by it. (d) The provincial, city or municipal legal officer shall, as the case may be, review the contracts executed pursuant to this Section to determine their legality, validity, enforceability and correctness of form. 1. BOT Contracts. Build, operate and transfer or BOT contracts may be entered into by local governments to finance, construct, operate and maintain any financially viable infrastructure facility under the BOT Law RA 6957. Local governments may contract with any duly pre-qualified individusl contractor for the BOT project they want to undertake. st be , Proposed priority BOT projects of local governments oe included in their local development plans and public investment Pes confirmed by the local development council and approved by the sangst concerned. ie 23 Public Disclosure. Local governments are obliged to di ee all Projects that may be implemented under this section ane? is notifications they have issued to duly registered contractors. ‘The disclor" id complied with by publishing in newspapers of general or local circulatio? the se tO sclo cil ‘Scanned with CamSeannetuacal Taxation & Fiscal MaLers Tie 4: Cre Finan o incing Section 295-393, Pe ing notices of Projects eligible fo os gs the list of duly qualified contr; ous and public places, ri plementation un, yt ‘actors Invited to. bid . pve in consPle der this ost JL for th section € Projects OT Requirements. If a local go, jor eo it shall take the following peel Wants to implement a (a) The mayor or governor sends Jocal engineer to prepare plans BOT project. (b) he plans and specifications of the project are then the local sanggunian for approval. ( Once the BOT ee is approved by the sanggunian, the local engineer causes the publication of a notice inviting all dul qualified contractors to participate in the bidding for the ee ‘The publication has to be made once a week for at lesst two consecutive weeks in at least one local newspaper that is circulated in the region or province or city or municipality in which the project is to be implemented. (d) Public bidding is then held pursuant to the provisions of the Code and other pertinent laws. (c) The BOT project is awarded to the lowest complying bidder whose offer is deemed most advantageous to the local government, based upon the present value ofits proposed tolls, fees, rentals and charges over a fixed period during which the facility will be constructed, operated and maintained according to the prescribed minimum design, performance standards, plans and specifications. (Contractors shall post bonds in amounts required by the Sanggunian to protect the local government concerned. The local engineer shall not allow contractors without bonds to undertake toe oes ; inves inning contractor is entitled to ae = et i set forth in his winning an re cerned to operate ‘anchise from the local governmen! rd rentals from ing A es the gutintain the facility and collect tolls, fees facility, formal written in ruction to the S| t and specifications oF a proposed submitted to able return of his Jso automatically facility tat’ tolls, fees, rentals and charges for the us? of eto very Winning contractor imposes shall be approve ey shall not eee, Ment based on reasonableness and et the contract Pee 25€ Proposed in the bid and incorporste"’ TY eyond ® brig !cal government and the contracle remontracts the 50 years, During the lifetime of the ‘Scanned with CamSeannetcontractor is obliged to do the necessary repairs and maj of the facility pursuant to the standards prescribed in the bid and contract. : (h) The construction, operation and maintenance of the BOT p shall be done pursuant to the plans and specifications, stan and costs approved in the winning bid and shall be und technical supervision of the local government concerned, (i) BOT contracts shall be reviewed by the local legal officer to determine their legality, validity, enforceability and even correctness of form. (j) BOT contracts are covered by RA 6957, the Build, Operate and Transfer Law, its implementing rules and regulations and the provisions of this section. tenance Winning rOject dards ler the The contract over the BOT facility shall include a repayment or amortization schedule. If land reclamation or the construction of industrial estates is the subject matter of the BOT arrangement, the contractor may be paid in kind, that is, by assigning a portion of the land or of the industrial estate to him. Section 303. Remedies and Sanctions. Local government units shall appropriate in their respective annual budgets such amounts as - sufficient to pay the loans and other indebtedness incurred or redeem ° retire bonds, debentures, securities, notes and other obligations ist under this Title: Provided, That failure to provide the approPr bean herein required shall render their annual budgets inoperative. - in theif 1. Loan Repayments in Budgets. LGUs are obliged to include? ir loans and ° annual budgets such amounts as are necessary to repay their eee indebtedness. Failure to do so makes their annual budgets inopers ‘Scanned with CamSeannet